Bill Text: IA SF259 | 2015-2016 | 86th General Assembly | Introduced
Bill Title: A bill for an act relating to filling school board vacancies. (Formerly SF 69.)
Sponsorship: Committee Bill
Status: (Engrossed - Dead) 2015-03-26 - Passed subcommittee. [SF259 Detail]
Download: Iowa-2015-SF259-Introduced.html
Senate File 259 - Introduced SENATE FILE BY COMMITTEE ON EDUCATION (SUCCESSOR TO SF 69) A BILL FOR 1 An Act relating to filling school board vacancies. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: TLSB 1719SV (2) 86 aw/sc PAG LIN 1 1 Section 1. Section 279.6, Code 2015, is amended to read as 1 2 follows: 1 3 279.6 Vacancies == qualification == tenure. 1 4 1. a.VacanciesExcept as provided in paragraph "b" and 1 5 subsection 2, vacancies occurring among the officers or members 1 6 of a school board shall be filled by the board by appointment. 1 7 A person so appointed to fill a vacancy in an elective office 1 8 shall hold office until a successor is elected and qualified 1 9 pursuant to section 69.12. To fill a vacancy occurring among 1 10 the members of a school board, the board shall publish notice 1 11 in the manner prescribed by section 279.36, stating that the 1 12 board intends to fill the vacancy by appointment but that 1 13 the electors of the school district have the right to file 1 14 a petition requiring that the vacancy be filled by a special 1 15 election conducted pursuant to section 279.7. The board may 1 16 publish notice in advance if a member of the board submits a 1 17 resignation to take effect at a future date. The board may 1 18 make an appointment to fill the vacancy after the notice is 1 19 published or after the vacancy occurs, whichever is later. 1 20 b. (1) If within fourteen days after publication of a 1 21 notice required pursuant to paragraph "a" for a vacancy that 1 22 occurs more than one hundred eighty days before the next 1 23 regular school election, or within fourteen days after the 1 24 appointment is made, there is filed with the secretary of the 1 25 school board a petition requesting a special election to fill 1 26 the vacancy, an appointment to fill the vacancy is temporary 1 27 and the board shall call a special election pursuant to section 1 28 279.7, to fill the vacancy for the remaining balance of the 1 29 unexpired term. 1 30 (2) If within fourteen days after publication of a notice 1 31 required pursuant to paragraph "a" for a vacancy that occurs 1 32 one hundred eighty days or less before the next regular school 1 33 election, or within fourteen days after the appointment is 1 34 made, there is filed with the secretary of the school board 1 35 a petition requesting to fill the vacancy by election, an 2 1 appointment to fill the vacancy is temporary and the school 2 2 board shall require that the remaining balance of the unexpired 2 3 term be filled at the next regular school election. 2 4 (3) For a petition to be valid under this paragraph "b", the 2 5 petition must be signed by eligible electors equal in number 2 6 to not less than one hundred or thirty percent of the number of 2 7 voters at the last preceding regular school election, whichever 2 8 is greater. 2 9 (4) Notwithstanding any requirement of this paragraph to 2 10 the contrary, when the board is reduced below a quorum, the 2 11 secretary of the board, or if there is no secretary, the area 2 12 education agency administrator, shall call a special election 2 13 in the district, subdistrict, or subdistricts, as the case may 2 14 be, to fill the vacancies. 2 15 c. A person appointed to fill a vacancy in an appointive 2 16 office shall hold such office for the residue of the unexpired 2 17 term and until a successor is appointed and qualified. Any 2 18 person so appointed shall qualify within ten days thereafter in 2 19 the manner required by section 277.28. 2 20 2. A vacancy shall be filled at the next regular school 2 21 election if a member of a school board resigns from the board 2 22 not later than forty=five days before the election and the 2 23 notice of resignation specifies an effective date at the 2 24 beginning of the next term of office for elective school 2 25 officials. The president of the board shall declare the office 2 26 vacant as of the date of the next organizational meeting. 2 27 Nomination papers shall be received for the unexpired term of 2 28 the resigning member. The person elected at the next regular 2 29 school election to fill the vacancy shall take office at the 2 30 same time and place as the other elected school board members. 2 31 Sec. 2. Section 279.7, subsection 1, Code 2015, is amended 2 32 to read as follows: 2 33 1. If a vacancy or vacancies occur among the elective 2 34 officers or members of a school board and the remaining 2 35 members of the board have not filled the vacancy within thirty 3 1 days after the vacancy becomes known by the secretary or the 3 2 board or if a valid petition is submitted to the secretary 3 3 of the board pursuant to section 279.6, subsection 1, or 3 4 when the board is reduced below a quorum, the secretary of 3 5 the board, or if there is no secretary, the area education 3 6 agency administrator, shall call a special election in the 3 7 district, subdistrict, or subdistricts, as the case may be, 3 8 to fill the vacancy or vacancies. The county commissioner of 3 9 elections shall publish the notices required by law for special 3 10 elections, and the election shall be held not sooner than 3 11 thirty days nor later than forty days after the thirtieth day 3 12 following the day the vacancy becomes known by the secretary or 3 13 the board. If the secretary fails for more than three days to 3 14 call an election, the administrator shall call it. 3 15 EXPLANATION 3 16 The inclusion of this explanation does not constitute agreement with 3 17 the explanation's substance by the members of the general assembly. 3 18 This bill relates to the filling of school district board 3 19 vacancies. 3 20 The bill maintains current law for the filling of a vacancy 3 21 that occurs not later than 45 days before a regular school 3 22 election. The bill also maintains current law requiring that 3 23 the school board fill all other vacancies occurring among the 3 24 officers and members of the school board by appointment. 3 25 The bill requires that the board publish notice of the intent 3 26 of the board to fill a vacancy among the members of a school 3 27 board by appointment, but that the electors of the school 3 28 district have the right to file a petition requiring that the 3 29 vacancy be filled by a special election. The bill allows the 3 30 board to publish the notice in advance of a vacancy if the 3 31 officer or member of the board submits a resignation that will 3 32 take effect at a future date. The bill allows the board to 3 33 make an appointment after the notice is published or after the 3 34 vacancy occurs, whichever is later. The bill provides that the 3 35 appointment is considered temporary if a valid petition to call 4 1 a special election is filed with the secretary of the school 4 2 board within 14 days after publication of the notice or within 4 3 14 days after the appointment is made. 4 4 The bill provides that a valid petition must be signed by 4 5 at least 100 eligible electors or eligible electors equaling 4 6 at least 30 percent of the number of voters at the preceding 4 7 regular school election, whichever is greater. 4 8 The bill requires that a special election be called by the 4 9 school board upon the filing of a valid petition for a vacancy 4 10 that occurs more than 180 days before the next regular school 4 11 election. The special election shall be held in accordance 4 12 with requirements under current law for filling school district 4 13 board vacancies. The bill requires that a school district 4 14 fill such a vacancy at the next regular school election if a 4 15 valid petition is filed for a vacancy that occurs 180 days or 4 16 less before the next regular school election. If the board 4 17 is reduced below a quorum, the secretary of the board, or if 4 18 there is no secretary, the area education agency administrator, 4 19 shall call a special election in the district, subdistrict, or 4 20 subdistricts, as the case may be, to fill the vacancies. LSB 1719SV (2) 86 aw/sc
